KCC 593/2001

This case involved whether a cheque should be classed as bounced. A cheque could not be considered valid unless it had the signature of the issuer.

Background

An appellant said in his grounds of appeal that the appealed ruling by which he was convicted of issuing a cheque without funds had erred in the application of law and had insufficient evidence of causation. He said he had denied his signature on the cheque but the court dismissed this defence.

Decision

The court of cassation said that this argument was valid. The court said that the documents of the case revealed that the court had established its ruling on the grounds that the appellant issued a blank cheque to the drawee and therefore the latter received the authorization to fill the details of the cheque. The court said that the cheque cannot be considered valid unless it had the signature of the issuer. The court said that the documents of the case revealed that the cheque was not signed by the appellant. The court said that the court therefore established its ruling on an invalid base.

The court repealed the ruling.